What type of Marriage-based Visa will allow time & travel for job transition?

[chr1st1nabelle27 0]

I need your help to answer the questions below, but first, here are some facts about me:

• I am a US citizen (born and raised)

• My fiancé is a Saudi citizen, who is working in Riyadh.

• His current US VISA type is “R B1\B2”

• He is planning to relocate to US after we're married, but his career is of concern. We feel he shouldn't quit his job in Saudi until he's hired in the US.

My questions are:

• He plans to take vacation time from work to get married in US, and then return to Saudi for his job. Does he need to apply for another type of VISA or is his current one is sufficient?

• After getting married, when can he apply for a green card? Does he need to apply in person?

• At what point will he be permitted to work in the US? Will he be able to live and work in Riyadh until he's hired in the US? He would most likely need to travel back and forth for interviews.

Thank you in advance.

[JDWright 30]

Everything you need to know is in the flow chart.

http://www.visajourney.com/content/k1flow

In order to get married you need to petition UCIS for permission for him to apply for a K1 visa. This will allow him to enter the US and marry legally. You may get married on the B1/B2, but he must leave after the wedding and you have to apply for a K3 visa.

If after applying for K1 and successfully gaining, he can get married within the 90 day period. After the wedding he can apply for an EAD and AOS. EAD allows him to work legally and AOS is the green card. As far as I know, you have to be in the US to apply for the GC. Applying and getting permanent residency/GC means UCIS will assume you plan to live in the US. If he wants to live and work outside of the US for an extended period, I think it's 6 months or more, he will need to apply for advanced parole. If he's out of the US for more than a year without this document he will run into trouble trying to get back in the US.

If you however go the route of getting married first and applying for a K3 visa then that is an immigrant visa with a GC included in the entire process.

Edited December 16, 2014 by JDWright

[milimelo 4,581]

If plan is to come to the US, get married and return to Saudi Arabia - he can use his tourist visa for that. You'd file for spousal visa after he leaves. Follow this guide: http://www.visajourney.com/content/i130guide1

[NikLR 13,232]

If plan is to come to the US, get married and return to Saudi Arabia - he can use his tourist visa for that. You'd file for spousal visa after he leaves. Follow this guide: http://www.visajourney.com/content/i130guide1

You can file for the spousal visa while he's here, just do not apply for an adjustment of status.

Everything you need to know is in the flow chart.

http://www.visajourney.com/content/k1flow

In order to get married you need to petition UCIS for permission for him to apply for a K1 visa. This will allow him to enter the US and marry legally. You may get married on the B1/B2, but he must leave after the wedding and you have to apply for a K3 visa.

If after applying for K1 and successfully gaining, he can get married within the 90 day period. After the wedding he can apply for an EAD and AOS. EAD allows him to work legally and AOS is the green card. As far as I know, you have to be in the US to apply for the GC. Applying and getting permanent residency/GC means UCIS will assume you plan to live in the US. If he wants to live and work outside of the US for an extended period, I think it's 6 months or more, he will need to apply for advanced parole. If he's out of the US for more than a year without this document he will run into trouble trying to get back in the US.

If you however go the route of getting married first and applying for a K3 visa then that is an immigrant visa with a GC included in the entire process.

While suggesting the K1 is an option, it doesn't sound like it will suit the OP's plans as she wants her fiance to be able to work and travel right away. They want to just get married, which they can do on his current visa, but not get married and AOS. A K3 visa is obsolete and does NOT grant a green card upon arrival. A K3 must AOS just like a K1 does. They also cannot work in the USA, just like a K1. The CR1 does take a little longer but a green card is granted upon entry to the USA so the beneficiary can travel and work right away.

Christinabelle: Please read the guide provided for the I-130. That is the route you will want to take after marriage. It's a good route to take since people in the middle east, particularly men, tend to go through something called administrative processing, where the US government runs more background checks. This doesn't mean a visa is denied, just in limbo for a little while.

You will first get married, then you petition for your spouse, then they apply for a visa and you provide an affidavit of support, then they do a medical and attend an interview at their embassy or consulate. If a visa is granted he will have 6 months to move to the USA where he will be granted an immediate green card. He could go that day and get an SSN and start applying for jobs. But he can also travel outside the USA for work as long as he spends more time in the USA than out, and get a re-entry permit if he plans on being out for 1 year or more.

[JNC69 0]

I need your help to answer the questions below, but first, here are some facts about me:

• I am a US citizen (born and raised)

• My fiancé is a Saudi citizen, who is working in Riyadh.

• His current US VISA type is “R B1\B2”

• He is planning to relocate to US after we're married, but his career is of concern. We feel he shouldn't quit his job in Saudi until he's hired in the US.

My questions are:

• He plans to take vacation time from work to get married in US, and then return to Saudi for his job. Does he need to apply for another type of VISA or is his current one is sufficient?

• After getting married, when can he apply for a green card? Does he need to apply in person?

• At what point will he be permitted to work in the US? Will he be able to live and work in Riyadh until he's hired in the US? He would most likely need to travel back and forth for interviews.

Thank you in advance.

Hi christinabelle,

Yes he can do that he need to apply for CR1/IR1 CR1 is for visa married less than 2 years , IR1 for more then 2 years marriage. I would suggest you to get this lawyer which is very quick www.kvisas.com . Currently I am hiring them for my wife which is abroard from me now in Malaysia. They are very consistent and efficient to handle your case. Is not that expensive. You may try to ask them by emailing them. All the best. Now my wife is waiting for NVC to call her for interview in KL US embassy. Take Care

Edited December 16, 2014 by Ryan H

[Boiler 46,353]

You can marry on a B.

He does not apply for a GC, you apply to sponsor him for a Cr1 visa, take year or so.

Many people find Employers will not take you seriously until you are in country. Depends what he does.

Edited December 16, 2014 by Boiler

[NikLR 13,232]

A lawyer may not be necessary.

[chr1st1nabelle27 0]

Wow, thank you to everyone for your replies! That's a lot of good info.

I'll have to look into each of your suggestions and come back with any questions that I may have.

Thanks again.